The Hindu : New Delhi News : Cauvery: court frames issues on suit

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Wednesday, Sep 19, 2007
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New Delhi

Cauvery: court frames issues on suit

J. Venkatesan

Suit posted for further hearing on November 19
Three States have challenged the final award

New Delhi: The Supreme Court on Tuesday framed issues on a suit filed by Tamil Nadu, seeking a direction to implement the interim award of the Cauvery Water Disputes Tribunal given in June 1991 directing Karnataka to release 205 tmcft water.

A three-Judge Bench, comprising Justice Ashok Bhan, Justice P.P. Naolekar and Justice H.S. Bedi, after hearing counsel for the parties framed seven issues for determination by the court and posted the suit for further hearing on November 19.

In Tamil Nadu’s perception, though the final award has been given by the tribunal, since the Centre is yet to notify it in the gazette, the interim award continues to remain in operation and Karnataka should implement it.

Challenged

Tamil Nadu, Karnataka and Kerala had challenged the final award in the Supreme Court and the matter is pending. It is in this context that the present suit was taken up for hearing.

Tamil Nadu, in its suit filed in 2001, had sought a declaration that the Cauvery River Authority was duty bound to give full effect to the interim order and subsequent related orders passed in April 1992 and December 1995 by ensuring weekly/monthly pattern of releases of water as stipulated in them.

Issues

Issues to be adjudicated include: is not the suit maintainable under Article 131 of the Constitution; did Karnataka fail to implement the interim orders of the Tribunal dated June 25, 1991, April 3, 1992 and December 19, 1995; was there any violation of the orders relating to the years 1991-92 to 2000-2001; has the scheme framed under Section 6 A of the Inter State Water Disputes Act, viz constitution of the Cauvery River Authority, become unworkable; does the scheme require modification to make it self operative so as to ensure that flows in terms of the interim order of June 1991 and subsequent related orders are ensured; is not Karanataka required to ensure stipulated flows to Tamil Nadu at Mettur and not at Billigundulu as asserted by it.

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